Attorneys Brattleboro VT

I'll assume the phrase "power of attorney plus" is akin to a durable power of attorney as it relates to the term nondurable power of attorney. The former is a general authorization for a person's ("principal's") designated person ("agent") to act for or on behalf of the principal. Contrary to a nondurable power of attorney, which is used for a specific transaction, a durable power of attorney is broad in scope and is in effect until revoked by the principal, or upon that principal's death.

Scott Ambrose Willison
(802) 257-2860
185 MAIN STREET PO BOX 785
BRATTLEBORO, VT
State Licensing
Massachusetts

Raelene S Laplante
(802) 254-6016
48 Harris Place, P.O. Box 820
Brattleboro, VT
State Licensing
Massachusetts

Barbara A. Morgan
(802) 380-3102
PO Box 6114
Brattleboro, VT
State Licensing
Massachusetts

Christopher S. Dugan
(802) 251-0099
P.O. Box 2341
Brattleboro, VT
State Licensing
Massachusetts

Sarah Brienne Faulkner
(415) 391-5400
67 Main St #16
Brattleboro, VT
Education
Yale Law School,Univ Of Texas
State Licensing
California

Craig Thomas Miskovich
(802) 258-3070
28 VERNON STREET PO BOX 9
BRATTLEBORO, VT
State Licensing
Massachusetts

Peter F May
(802) 258-3105
Po Box 676, Kipling Road
Brattleboro, VT
State Licensing
DC, Massachusetts

Peter D Van Oot
(802) 258-3070
28 VERNON STREET, SUITE 501 PO BOX 9
BRATTLEBORO, VT
State Licensing
Massachusetts

Thomas W. Costello
(802) 257-5533
Box 483
Brattleboro, VT
State Licensing
Massachusetts

Karina J. Martin
(802) 258-4413
204 Main Street
Brattleboro, VT
State Licensing
Massachusetts

Defining Terms

Q: Can you please explain the difference between Power of Attorney and Power of Attorney Plus

 

I'll assume the phrase "power of attorney plus" is akin to a durable power of attorney as it relates to the term nondurable power of attorney. The former is a general authorization for a person's ("principal's") designated person ("agent") to act for or on behalf of the principal. Contrary to a nondurable power of attorney, which is used for a specific transaction, a durable power of attorney is broad in scope and is in effect until revoked by the principal, or upon that principal's death.

An example of use for a nondurable power of attorney is when one needs to close on a sale of a residence or business and is traveling abroad or is not otherwise available to attend. An agent (often an attorney) is given a notarized nondurable power of attorney to facilitate execution of that transaction. An example of a durable power of attorney is when the principal is not physically or mentally competent to make a decision, and prior to reaching that state (or by court order) authorizes an agent to act on their behalf.

While an agent is obligated to act in the principal's best interests, one must be careful as a power of attorney is a powerful document that can be abused, particularly durable powers of attorney. Indeed, an unscrupulous agent can abuse that authority and transfer the principal's assets or property to themselves or others. Make sure the agent is trustworthy, and provide for an auditing mechanism by you or a disinterested third party where feasible to help ensure that all is handled properly. Also remember that different jurisdictions have different rules for powers of attorney, so the assistance of council is recommended.

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DISCLAIMER: This publication is distributed with the understanding that it does not constitute legal advice or establish an attorney/client relationship by way of any information contained herein. The information provided is for general purposes only, as readers are advised to consult with a qualified lawyer regarding the specifics of their particular circumstances.


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